1. Special Types of Liability Chapter 14 p. 425

2. Special Liabilities Strict Liability Product Liability Occupiers’ Liability Hosts Vicarious Liability Motor Vehicle Negligence Professional Liability

3. Strict Liability A very dangerous situation that there is no way to say that the defendant isn’t negligible therefore the other party does not have to even prove they are liable. Eg: an oil spill, dog bites in a public park, Pg 433, Cowles v African Lion Safari, q#3 Automatically liable due to very dangerous activity

4. Case Summary Q3 answers

5. Product Liability I bought a couch, sat on it and landed on my touchée. Say what! The couch springs poked me in my touchée and I needed a 12 inch tetanus shot, ouch! I paint my walls and after walking by with a cigarette, the walls ignite on fire! Consumers can sue the manufacturer who fails to meet safety standards. Pg 430, Q6 in pairs

6. Warning Labels Potato chips Hair straightener PB chocolate cups MP3 player

7. Occupier’s Liability When people enter a property, they are owed a duty of care. An Occupier is a person who owns or supervises a property Common Hazardous conditions: Ice and snow not cleared, slippery surfaces, missing or loose handrails or stairs, inadequate lighting, debris, uneven surfaces

8. Host Liability A hostess with the most-est, always has alcohol… Therefore, a social host who serves alcohol is liable to the guests and to anyone who they may injure by negligent driving Also, a commercial host, like a bartender, is personally liable for the actions of the patron to whom they served alcohol. Read Childs v. Desormeaux page 428

9. Vicarious Liability One person is held responsible for someone else’s tort Nick lends his car to Zach Zach has an accident and injures Jad Nick could have vicarious liability if he knew that Zach was a bad driver Parents can also be responsible for the actions of their kids Parent Responsibility Act – Manitoba, Ontario and British Columbia

10. Motor Vehicle Negligence Accidents can lead to criminal and civil actions If you are sued for negligence, some cases can result in the burden of proof shifting to the defendant, once the plaintiff has proven that the injury was caused by the accident

11. Motor Vehicle Negligence Drivers can also be responsible for passengers All drivers owe a duty of care Seatbelts, owning insurance ($5000- 25,000 fine for not owning), paying for damages that exceed insurance (if you own a license you get a ticket) If you are driving, you are liable. Pg 429

12. Professional Negligence The more specialized and qualified the person, the higher the expectation for Standard of Care. Medical Malpractice: 1) Negligence – adequate standard of care provided? – patient informed correctly? 2) Failure to get informed consent – doctor’s have no right to touch patients or perform procedures without consent, unless their life is in danger. -

13. Defences to Negligence 1) Contributory Negligence 2) Voluntary assumption of risk 3) Inevitable Accident / Act of God 4) Valid Explanation 5) Statute of Limitations

14. 1) Contributory Negligence Eg: you stop for a break on a small slope while downhill skiing. Another skiier crashes into you and breaks your leg, so you sue her. The courts may find that you contributed to the injury by stopping slightly in the way. They can assign 50-50 blame or 25-75, etc. Damages can be divided between the two parties if the Plaintiff is found to be at fault to some degree

15. 2) Voluntary assumption of risk Assumes that individuals understand the risks of certain activities Ex. Bungee jumping, Skydiving They accept the risk voluntarily, sign a WAIVER (exempting liability) and therefore cannot sue afterwards Cowles v. Balac, African Lion Safari Pg. 433 Was there a voluntary assumption of risk? Do pg 434, Q4

16. Group work A B) C) D)

17. 3) Inevitable Accident Sometimes called an “Act of God” or force majeur Injury or loss may result for circumstances that are unavoidable Things happen, and no one is at fault Insurance companies LOVE this because they can refuse to pay out a claim

18. 4) Valid Explanation Event not caused by an uncontrollable event The defendant took every precaution There is some other valid explanation for the injury that does not indicate carelessness on the defendant’s part It just couldn’t be avoided no matter what happened, it was almost inevitable. Pg 432

19. 5) Statute of Limitations Early bird get the worm and the late one can get real hungry. Pg 432 You need to sue someone within a reasonable amount of time Witnesses forget, evidence gets stale, and people have a right to move on HTA: cannot sue someone after two years